2026-35 An Ordinance Authorizing the Issuance and Sale of Revenue Bonds (Millikin University), Series 2026A of the City of Decatur, Macon County, Illinois, in an Aggregate Principal Amount not to Exceed $18,000,000; Authorizing the Execution

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Section 2.18. ERISA. The Borrower shall not with respect to any "employee pension benefit plan" (as defined in Section 3 of ERISA) maintained by it (a) engage in any "prohibited transaction" (as defined in Section 4975 of the Code) which is not an "exempt prohibited transaction," (b)permit any such plan to incur any "accumulated funding deficiency" (as defined in Section 302 of ERISA) unless waived by the appropriate governmental agencies, or (c) cause any such plan to terminate in a manner which could result in the imposition of a lien or encumbrance on the assets of the Borrower pursuant to Section 4068 of ERISA. Section 2.19. Limitations on Additional Long-Term Debt. (a) After the Closing Date, the Borrower covenants and agrees that it will not incur,assume,guarantee or otherwise become liable in respect of any additional Long-Term Debt without the prior written consent of the Majority Holders; provided, however, the Borrower may incur Refunding Indebtedness without limit provided that a certificate provided to the Trustee and Initial Purchaser Representative by the Borrower's municipal advisor evidences that such Refunding Indebtedness provides positive savings versus the Long-Term Debt it refunds. (b) After the Closing Date, the Borrower covenants and agrees that it will not incur other indebtedness without prior written consent of the Majority Holders except as provided below: (i) The Borrower may incur Capital Leases and Purchase Money Indebtedness provided the aggregate payment obligation on all such leases in the current and in any future Fiscal Year for Capital Leases and Purchase Money Indebtedness then Outstanding does not exceed $1,000,000. (ii) The Borrower may incur unsecured Subordinated Indebtedness in an amount not to exceed $3,000,000. (iii) The Borrower may incur Non-Recourse Indebtedness without limit to the extent that such Non-Recourse Indebtedness(i)relates to the construction or acquisition(including through Capital Lease) of new facilities of the Borrower and (ii) is secured only by revenues associated with such facilities. (iv) The Borrower may incur Securities-Secured Indebtedness without limitation provided it maintains in the Collateral Fund and other accounts an amount of cash and investments equal to not less than one hundred twenty percent (120%) of the Outstanding principal amount of the Series 2026A Bonds, such cash and investments are not (i) encumbered by any lien, other than a lien in favor of the Trustee or (ii) subject to a restriction on its use. Section 2.20. Collateral Fund Agreed Upon Procedures Letter; Deposit to Collateral Fund. The Borrower and the Initial Purchaser have agreed upon the Collateral Fund Agreed Upon Procedures Letter Engagement prior to the Closing Date. The Borrower covenants to deliver a draft Collateral Fund Agreed Upon Procedures Letter, in a form and substance comporting with the Collateral Fund Agreed Upon Procedures Letter Engagement and reasonably acceptable to the Initial Purchaser Representative, to the Initial Purchaser Representative via electronic means no later than the second business day prior to the Closing Date. Borrower covenants to cause delivery -14-